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Can You Sue a Restaurant for Food Contamination?      

Can You Sue a Restaurant for Food Contamination?      

When you choose to venture out and enjoy dinner, the last thing you are expecting is to fall ill with a foodborne illness. Unfortunately, food contamination is common and can often lead to worsened health conditions if not treated immediately and properly. If you’ve ever been affected after eating food at a restaurant, you might have wondered if you can you sue a restaurant for food contamination. The simple answer is yes. Although possible, the process tends to be complex and may not be successful every time. Let’s take a look at what you can do and what you may need to know if you find yourself in this situation.

Symptoms and Common Causes of Food Poisoning

The direct cause of your food poisoning may be hard to determine. Symptoms tend to appear within days after eating a source of contaminated food. The most common causes of food poisoning are:

  • Undercooked food
  • Food that has been tainted by other foods/handlers
  • Food that hasn’t been stored properly (refrigerated or heated)

Some of the most common symptoms of food poisoning include:

  • Nausea
  • Diarrhea (bloody or lasting more than 3 days)
  • Vomiting
  • Fever
  • Cramps or Stomach Pain

These symptoms can often be overlooked as they resemble other illnesses like the stomach flu. If you are experiencing these symptoms, it is important that you seek medical help, not only for relief, but for medical documentation if you feel there’s a chance to pursue legal action.

Can You Sue a Restaurant for Food Contamination?

Yes, only if you can prove that the food you ate was contaminated and that the restaurant’s negligence created your illness. Pursuing a lawsuit for food contamination can be more complicated than you might think. For a better chance of winning your case, you will need to have all of the following factors covered.

Proof of Contamination

The very first step you should take is to have clear evidence of contamination. This could be:

  • Diagnosis – A doctor’s confirmation and report of contamination illness caused by a foodborne pathogen.
  • Test/Lab results – Test results can confirm presence of harmful bacteria or objects present in your system from the food you consumed.
  • Restaurant inspection records – If the restaurant has previously been cited for health violations, this can add on piece of evidence for your case.

Demonstrate Negligence

When restaurants open, it is their legal responsibility to ensure that their food and cleaning measures follow safety regulations. If contamination of your food happened because of negligence to follow such regulations, your claim becomes valid. Examples of common negligence include:

  • Improper food handling – Failure to comply with proper cooking temperatures (both in cooking temperatures and storing temperatures) or having allocated areas for raw versus cooked food.
  • Insufficient sanitation – Kitchen or food storage areas are unsanitary and do not follow proper procedures.
  • Ignorance of food safety regulations –  If a restaurant appears inherently unsafe and does not comply with standard food safety practices, it can be held liable.

Proof of Damages

To file a claim, you must have experienced some form of harm due to contamination. These damages include:

  • Medical bills – Bill from your treatments (e.g., doctor visits, hospital stays, or medications).
  • Lost income – If your symptoms lead to you missing days to weeks of work, you may be able to claim lost wages when filing.
  • Pain and suffering – Evidence of this can be emotional or physical pain, or a drop in quality of life during illness.

Seek an Attorney’s Help to Sue a Restaurant for Food Contamination

Foodborne illnesses can take a huge toll on your body. When dealing with symptoms, on top of the complexities of building a case, consulting an experienced Personal Injury lawyer can help you understand your rights and guide you through the legal process. If you or your loved one has fallen ill to food contamination or food poisoning, Jan Dils, Attorney at Law is here to help you build a case. Call us for your free consultation today.

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Jan Dils, Attorneys at Law

Jan Dils, Attorneys at Law
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